Havard v. State

ALMON, Judge.

Howard E. Havard was convicted of robbery and his punishment was fixed at twenty-two years imprisonment in the penitentiary.

This appeal involves the right to counsel at a lineup or showup under United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178.

Forney E. Henderson, Manager of Winn-Dixie Quick Chek Store in Auburn, testified that on June 7, 1969, at approximately 7:20 P.M. two men armed with pistols entered the store and ordered him to open the safe; that the defendant had a pistol within a…